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Racing Legislation Amendment (Racing
Integrity Assurance) Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill. The main purposes of the
Bill are to amend the Racing Act 1958 and the Gambling
Regulation Act 2003--
· to provide for the Racing Integrity Commissioner;
· to establish Racing Appeals and Disciplinary Boards for
Greyhound Racing Victoria and Harness Racing
Victoria;
· to repeal Part IIIB of the Racing Act 1958 which relates
to the Racing Appeals Tribunal;
· to repeal provisions of the Gambling Regulation Act
2003 banning the transmission of betting odds from
racecourses during a race meeting.
Clause 2 provides for the commencement of the Act. Subclause (1)
provides that the Act comes into operation on a day or days to be
proclaimed. Subclause (2) provides that if a provision of the Act
does not come into operation before 1 September 2010, it comes
into operation on that day.
Clause 3 provides that in the Bill, the Racing Act 1958 is called the
Principal Act.
561383 1 BILL LA INTRODUCTION 28/7/2009
PART 2--RACING INTEGRITY COMMISSIONER
Clause 4 inserts the definition of Racing Integrity Commissioner into
section 3(1) of the Racing Act 1958 and substitutes new
definitions of controlling body and Steward.
Clause 5 inserts a new Part IA in the Racing Act 1958 which provides for
the Racing Integrity Commissioner and sets out his or her powers
and functions.
New section 37A provides that the Racing Integrity
Commissioner is appointed by the Governor in Council on the
recommendation of the Minister.
The Racing Integrity Commissioner is to hold office for a term
not exceeding 5 years and is eligible for re-appointment.
New section 37B sets out the functions of the Racing Integrity
Commissioner. These functions include the conduct of annual
audits of, and the investigation of complaints about, the internal
integrity processes and systems of each controlling body, and the
conduct of other audits as requested by the controlling bodies.
The Racing Integrity Commissioner will also refer complaints to
other bodies as appropriate; investigate matters referred by the
Minister or a controlling body; report the findings of
investigations that have not been referred to other bodies;
conduct own motion inquiries; make recommendations following
investigations to the Minister or the relevant controlling body;
and direct a Racing Appeals and Disciplinary Board to hear and
determine minor matters.
New section 37C sets out the powers of the Racing Integrity
Commissioner which are those conferred on him or her by the
Bill and all other things necessary to be done to carry out his or
her functions.
New section 37D provides that staff may be employed under
Part 3 of the Public Administration Act 2004 to enable the
Racing Integrity Commissioner to perform his or her functions
and exercise his or her powers.
New section 37E provides for the Racing Integrity Commissioner
to disclose integrity related information to, as appropriate,
relevant persons and bodies, including the controlling bodies, the
Victorian Commission for Gambling Regulation, a Racing
Appeals and Disciplinary Board, the Chief Commissioner,
AUSTRAC and Commissioner of Taxation.
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Integrity related information is information the Racing Integrity
Commissioner has collected or been given in the performance of
his or her functions and includes information in relation to the
contravention, or the alleged contravention, of controlling body
rules and the identity of persons alleged to have contravened
those rules.
New section 37F requires the Racing Integrity Commissioner to
submit an annual report to the Minister on the performance of his
or her functions and for the Minister to lay this report before each
House of Parliament within seven sitting days.
PART 3--RACING APPEALS AND DISCIPLINARY BOARDS
Clause 6 inserts the following definitions into section 3(1) of the Racing
Act 1958: GRV Racing Appeals and Disciplinary Board, HRV
Racing Appeals and Disciplinary Board, RV Racing Appeals
and Disciplinary Board and Racing Appeals and Disciplinary
Boards.
Clause 7 inserts a new Part IIA in the Racing Act 1958 which provides for
the Racing Appeals and Disciplinary Board for Harness Racing
Victoria.
New section 50A provides for definitions of Australian lawyer,
Boards Registrar, Chairperson, Deputy Chairperson, Harness
Racing Victoria, HRV Racing Appeals and Disciplinary Board,
investigator, penalty, rules and serious offence to be inserted
under Part IIA.
This section also provides that a reference to a member of the
HRV Racing Appeals and Disciplinary Board includes a
reference to the Chairperson and the Deputy Chairperson, unless
the contrary intention appears.
New section 50B provides for the establishment of a Racing
Appeals and Disciplinary Board for Harness Racing Victoria.
New section 50C sets out the functions of the HRV Racing
Appeals and Disciplinary Board which are to hear and determine:
appeals in relation to decisions made under the rules to impose
penalties on a person; charges made against persons for serious
offences; appeals referred by the Racing Integrity Commissioner;
and any matter referred by Harness Racing Victoria.
New section 50D sets out the composition of the HRV Racing
Appeals and Disciplinary Board. The Board consists of a
Chairperson, Deputy Chairperson and not less than 5 and not
more than 15 other members. Members other than the
Chairperson and Deputy Chairperson are to be appointed by
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Harness Racing Victoria and, to avoid any conflict of interest,
may not hold an office in Racing Victoria, Harness Racing
Victoria or Greyhound Racing Victoria. Members are appointed
for no more than three years and are eligible for reappointment.
New section 50E provides for the Minister to appoint an eligible
person as Chairperson of the HRV Racing Appeals and
Disciplinary Board. To be eligible, a person must be an
Australian lawyer of no less than 7 years standing and have no
conflict of interest. The Chairperson is appointed for no more
than 3 years and is eligible for reappointment.
New section 50F provides for the Minister, on the
recommendation of Harness Racing Victoria, to appoint an
eligible person as Deputy Chairperson of the HRV Racing
Appeals and Disciplinary Board. To be eligible, a person must
be an Australian lawyer of no less than 7 years standing and have
no conflict of interest. The Deputy Chairperson is appointed for
no more 3 three years and is eligible for reappointment.
New section 50G provides for the Deputy Chairperson to act as
Chairperson if the office of Chairperson is vacant or if the
Chairperson is absent from Victoria, or is unable to perform the
duties of the office.
New section 50H provides for the Minister to remove a member
of the HRV Racing Appeals and Disciplinary Board from office
under certain circumstances, including when a member is not
avoiding any conflict of interest.
New section 50I sets out the required constitution of the HRV
Racing Appeals and Disciplinary Board for the purposes of
hearing and determining an appeal or charge.
New section 50J provides for a person to appeal to the HRV
Racing Appeals and Disciplinary Board against a decision made
under the rules to impose a penalty if the penalty is a suspension,
disqualification, warning off or a fine of more than $250.
New section 50K provides for the Racing Integrity
Commissioner to direct the HRV Racing Appeals and
Disciplinary Board to hear an appeal made by a person against a
decision made under the rules to impose a fine of less than $250
if the Racing Integrity Commissioner considers that it is in the
public interest for the appeal to be heard.
New section 50L provides for the HRV Racing Appeals and
Disciplinary Board to grant leave to a person to appeal out of
time.
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New section 50M provides for the HRV Racing Appeals and
Disciplinary Board to hear and determine serious offences.
New section 50N sets out the procedure for hearings conducted
by the HRV Racing Appeals and Disciplinary Board.
New section 50O sets out how the HRV Racing Appeals and
Disciplinary Board may make decisions and what actions it may
take in determining an appeal.
New section 50P provides for reasons for decision made by the
HRV Racing Appeals and Disciplinary Board to be given orally
or in writing. If reasons are given orally then a party to the
hearing may request that the Board give written reasons for the
decision and these written reasons must be provided within
28 days.
New section 50Q sets out the actions that would constitute
contempt of the HRV Racing Appeals and Disciplinary Board
and provides for a penalty of 10 penalty units for a breach of this
section.
New section 50R provides for the Governor in Council to make
regulations with respect to matters or things required to be
prescribed for the purpose of new Part IIA.
Clause 8 inserts a new Part IIIA in the Racing Act 1958 which provides
for the Racing Appeals and Disciplinary Board for Greyhound
Racing Victoria.
New section 83A provides for definitions of Australian lawyer,
Boards Registrar, Chairperson, Deputy Chairperson,
Greyhound Racing Victoria, GRV Racing Appeals and
Disciplinary Board, investigator, penalty, rules and serious
offence to be inserted under Part IIIA.
This section also provides that a reference to a member of the
GRV Racing Appeals and Disciplinary Board includes a
reference to the Chairperson and the Deputy Chairperson, unless
the contrary intention appears.
New section 83B provides for the establishment of a Racing
Appeals and Disciplinary Board for Greyhound Racing Victoria.
New section 83C sets out the functions of the GRV Racing
Appeals and Disciplinary Board which are to hear and determine
appeals in relation to decisions made under the rules to impose
penalties on a person; charges made against persons for serious
offences; appeals referred by the Racing Integrity Commissioner;
and any matter referred by Greyhound Racing Victoria.
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New section 83D sets out the composition of the GRV Racing
Appeals and Disciplinary Board. The Board consists of a
Chairperson, Deputy Chairperson and not less than 5 and not
more than 15 other members. Members other than the
Chairperson and Deputy Chairperson are to be appointed by
Greyhound Racing Victoria and, to avoid any conflict of interest,
may not hold an office in Racing Victoria, Harness Racing
Victoria or Greyhound Racing Victoria. Members are appointed
for no more than three years and are eligible for reappointment.
New section 83E provides for the Minister to appoint an eligible
person as Chairperson of the GRV Racing Appeals and
Disciplinary Board. To be eligible, a person must be an
Australian lawyer of no less than 7 years standing and have no
conflict of interest. The Deputy Chairperson is appointed for no
more than 3 years and is eligible for reappointment.
New section 83F provides for the Minister, on the
recommendation of Greyhound Racing Victoria, to appoint an
eligible person as Deputy Chairperson of the GRV Racing
Appeals and Disciplinary Board. To be eligible, a person must
be an Australian lawyer of no less than 7 years standing and have
no conflict of interest. The Deputy Chairperson is appointed for
no more than 3 years and is eligible for reappointment.
New section 83G provides for the Deputy Chairperson to act as
Chairperson if the office of Chairperson is vacant or if the
Chairperson is absent from Victoria, or is unable to perform the
duties of the office.
New section 83H provides for the Minister to remove a member
of the GRV Racing Appeals and Disciplinary Board from office
under certain circumstances, including when a member is not
avoiding any conflict of interest.
New section 83I sets out the required constitution of the GRV
Racing Appeals and Disciplinary Board for the purposes of
hearing and determining an appeal or charge.
New section 83J provides for a person to appeal to the GRV
Racing Appeals and Disciplinary Board against a decision made
under the rules to impose a penalty if the penalty is a suspension,
disqualification, warning off or a fine of more than $250.
New section 83K provides for the Racing Integrity
Commissioner to direct the GRV Racing Appeals and
Disciplinary Board to hear an appeal made by a person against a
decision made under the rules to impose a fine of less than $250
if the Racing Integrity Commissioner considers that it is in the
public interest for the appeal to be heard.
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New section 83L provides for the GRV Racing Appeals and
Disciplinary Board to grant leave to a person to appeal out of
time.
New section 83M provides for the GRV Racing Appeals and
Disciplinary Board to hear and determine serious offences.
New section 83N sets out the procedure for hearings conducted
by the GRV Racing Appeals and Disciplinary Board.
New section 83O sets out how the GRV Racing Appeals and
Disciplinary Board may make decisions and what actions it may
take in determining an appeal.
New section 83OA provides for reasons for decision made by the
GRV Racing Appeals and Disciplinary Board to be given orally
or in writing. If reasons are given orally then a party to the
hearing may request that the Board give written reasons for the
decision and these written reasons must be provided within
28 days.
New section 83OB sets out the actions that would constitute
contempt of the GRV Racing Appeals and Disciplinary Board
and provides for a penalty of 10 penalty units for a breach of this
section.
New section 83OC provides for the Governor in Council to make
regulations with respect to matters or things required to be
prescribed for the purposes of new Part IIIA.
Clause 9 substitutes a new Part IIIB and inserts a new Part IIIBA in the
Racing Act 1958 which provides for a common Boards Registrar
for all Racing Appeals and Disciplinary Boards.
New section 83OD provides for the definition of a serious
offence to be inserted under Part IIIB.
New section 83OE provides that, for the purposes of assisting in
the administration of the Racing Appeals and Disciplinary
Boards for Greyhound Racing Victoria, Harness Racing Victoria
and Racing Victoria, a Boards Registrar is to be appointed.
The Registrar will be appointed by a controlling body on the
agreement of the controlling bodies.
New section 83OF sets out the functions of the Boards Registrar.
New section 83OG provides for the Governor in Council to make
regulations for or with respect to prescribing forms for the
purposes of Part IIIB, the form and content of the register to be
kept by the Boards Registrar and any other matter or thing
necessary to give effect to Part IIIB.
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New Part IIIBA provides for VCAT review of decisions made by
Racing Appeals and Disciplinary Boards.
New section 83OH provides for a person whose interests are
affected by a Racing Appeals and Disciplinary Board decision to
apply to VCAT for a review of that decision. The section also
provides for a Steward to apply to VCAT for a review of a
Racing Appeals and Disciplinary Board decision that is in respect
of a penalty originally imposed by the Steward.
New section 83OI provides that the time limit for making an
application for review is 28 days after the later of the day the
decision was made, or, if a statement of reasons for the decision
is requested, the day on which the statement of reasons is given
to the person or the person is informed that a statement of reasons
will not be given.
Clause 10 inserts a new section 96D which sets out the transitional
arrangements for Racing Appeals Tribunal proceedings. If the
Racing Appeals Tribunal has begun, but not completed, hearing a
matter under Part IIIB before the new Part IIIB of this Bill comes
into operation, Part IIIB will continue to apply with respect to
that appeal.
If an appeal under Part IIIB has been made to the Racing
Appeals Tribunal before the new Part IIIB of this Bill comes into
operation but no hearing has commenced, the appeal will be
heard by VCAT.
PART 4--CONSEQUENTIAL AMENDMENTS AND REPEALS
Clause 11 repeals sections 49A, 49B, 49C and 50(1)(a) of the Racing Act
1958. Sections 49A, 49B and 49C of the Racing Act 1958 deal
with appeals to the Harness Racing Victoria Board by a person
on whom a penalty has been imposed or against whom any other
decision has been made by a steward under the rules and the
selection of panels. These sections are no longer required as
appeals will be heard by the HRV Racing Appeals and
Disciplinary Board. Section 50(1)(a) of the Racing Act 1958
gives the Governor in Council the power to make regulations for
fees and costs of appeals against decisions of stewards and
committees of harness racing clubs. No fees or costs will be
payable for appeals under the new provisions.
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Clause 12 repeals sections 80, 81, 81A and 83(1)(c) of the Racing Act
1958. Sections 80, 81 and 81A of the Racing Act 1958 deal
with appeals to the Greyhound Racing Victoria Board by a
person on whom a penalty has been imposed or against whom
any other decision has been made by a steward under the rules
and the selection of panels. These sections are no longer
required as appeals will be heard by the GRV Racing Appeals
and Disciplinary Board. Section 83(1)(c) of the Racing Act
1958 gives the Governor in Council the power to make
regulations for fees and costs of appeals to the Board decisions
of stewards of the Board and committees of greyhound racing
clubs. No fees or costs will be payable for appeals under the new
provisions.
Clause 13 This clause repeals the definition of controlling body in
sections 83P and 84 of the Racing Act 1958. This is replaced by
the new definition in section 3(1).
Clause 14 This clause amends the heading of Part IIIC of the Racing Act
1958 from "Victorian Civil and Administrative Tribunal" to
"VCAT--Occupational Racing and Bookmaking Licences".
This will distinguish this Part from the new Part IIIBA.
Clause 15 This clause makes consequential amendments to sections 83Q
and 83R of the Racing Act 1958, substituting "VCAT" for
"Victorian Civil and Administrative Tribunal".
PART 5--AMENDMENT OF OTHER ACTS
Clause 16 This clause repeals section 2.5.18 of the Gambling Regulation
Act 2003. This section creates a penalty for transmitting betting
odds from racecourses while a race meeting is in progress.
Clause 17 This clause repeals clause 10(j) of Schedule 1 to the
Confiscation Act 1997 which relates to section 2.5.18 of the
Gambling Regulation Act 2003.
PART 6--REPEAL OF AMENDING ACT
Clause 18 provides for the automatic repeal of this amending Bill on
1 September 2011. The repeal of this Bill does not affect in any
way the operation of the amendments made by this Bill
(see section 15(1) of the Interpretation of Legislation Act
1984).
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